EDMONDS LAW OFFICE, LLC
Child Support and Spousal Support
Child Support
Colorado Courts will issue orders for child support in allocation of parental responsibilities cases and divorces with children. The formula for child support is fairly rigid, and the mathematics are less flexible than spousal maintenance. Child support is not optional and it cannot be "waived." It is intended to balance the cost of providing care for children with the actual caretaking responsibilities, and the means of each parent. Child support is to be a benefit for the children, not the parents. There are many rules and requirements with all areas of the law, and it is particularly important when it comes to child support as there are deadlines and timelines that can impact both parents financial circumstances. The primary factors are the gross incomes of each parent and the overnight responsibility for the children. Then we look at other costs and factors, such as daycare expenses, medical insurance premiums, other children not of the relationship, etc. While it may seem straightforward at a glance, even the simple task of determining one parties' income for child support purposes can be a daunting task. An experienced family law attorney can help make the process less frustrating.
Spousal Support
Spousal support is akin to what many commonly know as "alimony." Maintenance is intended, once again, to create financial balance after a marriage ends in order for the parties to afford to financially support themselves in the aftermath. The statutory authority is an "advisory guideline" that acts as a tool and guide for courts in implementing the amount and duration of maintenance if they find it to be appropriate in a given case. Parties can be more flexible with maintenance and can negotiate different terms, amounts, lump sum payments, and can also waive maintenance altogether.
Intersection of Child/Spousal Support
Once orders are in place related to parenting time and custody, both parties are expected to honor those obligations in the best interests of the child(ren). On occasion emergency and unexpected circumstances arise that require immediate action for the protection of children, such as an emergency motion to restrict parenting time. Another problem that can arise is when one parent withholds court ordered parenting time from the other parent. Either of these situations require prompt action and the Courts are required to hear them on an expedited basis. Speaking with a well-versed family law attorney is crucial to keep parent and children's rights protected.